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Vol 23 No 6 June/July 2018

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The Cambridge Handbook of Deliberative Constitutionalism

Edited by: Ron Levy, Hoi L. Kong, Graeme Orr, Jeff King

ISBN13: 9781108418201
Published: April 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £125.00



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Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making.

The theory has important implications for constitutionalism – and vice-versa – as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of Deliberative Constitutionalism, which bridges deliberative democracy with constitutional theory and practice.

Drawing on contributions from world-leading authors, this volume will serve as the international reference-point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

  • Establishes the parameters of the field of Deliberative Constitutionalism, which bridges constitutional and deliberative democracy
  • Explores how judges, citizens, and legislators deliberate about constitutional norms and how the various features of a constitution impact their discussions
  • Discusses the most effective solutions to contemporary challenges in constitutional practice through perspectives informed by theoretical and real-world insights

Subjects:
Constitutional and Administrative Law
Contents:
1. Introduction Hoi Kong and Ron Levy

Part I. Deliberating Under Constitutions:
2. Reasoned Administration and Democratic Legitimacy – Reflections on American Hybrid Jerry L Mashaw
3. Deliberative Constitutionalism in the National Security Setting Mary B DeRosa and Mitt C Regan, Jr
4. Deliberative Constitutionalism Through the Lens of the Administrative State David Dyzenhaus
5. Deliberative Ideals and Constitutionalism in the Administrative State Geneviève Cartier
6. Parliamentary Human Rights Vetting and Deliberation George Williams and Daniel Reynolds
7. Constitutional Deliberation in the Legislative Process Gabrielle Appleby and Anna Olijnyk
8. Deliberative Federalism Robyn Hollander and Haig Patapan
9. Separation of Powers and Deliberative Democracy Danny Gittings
10. Dialogue, Deliberation and Human Rights Alison L Young

Part II. Comprehensive Views – Deliberating Under and About Constitutions:
11. The Deliberative Constitution at Common Law T R S Allan
12. The Role of Snap Judgments in Constitutional Deliberation – A Dialectical Equilibrium Model Jonathan Crowe
13. Deliberating about Constitutionalism Mark D. Walters
14. Compromise in Deliberative Constitutionalism Daniel Weinstock
15. Constitutional Change through Deliberation Pavlos Eleftheriadis
16. In Defence of Empirical Entanglement – The Methodological Flaw in Waldron's Case against Judicial Review Theunis Roux
17. Deliberative Constitutionalism: An Empirical Dimension Eric Ghosh
18. The Jury System as a Cornerstone of Deliberative Democracy John Gastil and Dennis Hale
19. Ideas of Constitutions and Deliberative Democracy and How They Interact John Parkinson
20. Kickstarting the Bootstrapping – Jürgen Habermas, Deliberative Constitutionalisation, and the Limits of Proceduralism Simone Chambers

Part III. Deliberating About Constitutions:
21. Deliberative Democracy and the Doctrine of Unconstitutional Constitutional Amendments Joel Colón-Ríos
22. Squaring the Circle? Bringing Deliberation and Participation Together in Processes of Constitution-Making Silvia Suteu and Stephen Tierney
23. Mini-Publics and Deliberative Constitutionalism Stephen Elstub and Gianfranco Pomatto
24. Popular Constitutionalism and Constitutional Deliberation Gideon Sapir
25. Constitutional Reform and the Problem of Deliberation – Building a 'Civics Infrastructure' for Meaningful Debate Sarah Sorial
26. Deliberative or Performative? Constitutional Reform Proposals and the Politics of Public Engagement Chris Shore and David V. Williams
27. The 'Elite Problem' in Deliberative Constitutionalism Ron Levy
Afterword James Fishkin